1.Shirley Rhone suffered injuries when a truck struck the vehicle in which she was riding. State Auto Mutual Insurance Co. was the insurer involved and provided personal injury coverage. Shirley went to see Dr. Allen, a chiropractor who provided treatments 32 times over a 3-month period. Dr. Allen billed State Auto in three separate billings. After paying the first two billings in full, State Auto expressed concern about whether Dr. Allen's charges were excessive. State Auto hired Chiropractic Consultants, Inc. to evaluate Dr. Allen's billings. The consultants advised that Dr. Allen's billings were indeed excessive. State Auto then telephoned Dr. Allen and offered a partial payment to settle the account but Dr. Allen disagreed. After this conversation, State Auto issued and sent a check for $864 payable to Dr. Allen. On the face of the check, State Auto noted the total amount allocated to each claim and typed "settlement in full." On the reverse side it said, "The endorsement of this draft by the payee constitutes a clear release and full settlement of the claim or account shown on the other side." Upon receipt of the check, Dr. Allen cashed the check. He then sought payment of an additional $895.

(a) Judgment for whom?Explain fully the legal and factual basis for your answer.

(b) Should Dr. Allen have done something additionally toprotect his rights under the scenario as described?